No, the Presidential Records Act Does Not Apply in the Trump Case
It’s Nonsensical to Suggest Otherwise
Former President Donald Trump and his reality-averse apologists have claimed that the Presidential Records Act governed the documents that he took with him after he vacated the White House in disgrace on January 20, 2021. He’s wrong. He has to know he’s wrong. Which means he has to know he’s lying. But we’re talking about a man who has no shame.
The Presidential Records Act can be read by literally anyone with a computer or smartphone. The law can be found in 44 U.S.C. §§2201-2209. The initial statute, §2201, contains definitions used in the law. The very next statute, §2202, puts to rest any question of ownership of presidential records. Well, it’s not even in question based on the law, which states: “The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.” That’s it. That’s the statute. There aren’t any subsections.
Other statutes clear up other aspects of the Presidential Records Act. For example, §2204 allows a president the ability to restrict access to certain types of records for up to 12 years after the conclusion of his or her term and outlines the terms of access to restricted records. There are exceptions to restricted records in §2205, but the Archivist and National Archives have control of the records. However, under §2203(g), every record is required to be given to the Archivist of the United States at the National Archives and Records Administration. Again, there’s not even a question about this fact.
The Presidential Records Act also delineates what’s a “presidential record” or a “personal record.” The law also describes in 2203(g)(4) that the Archivist determines what records may be destroyed after records have been “appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation.”
There are other statutes in the law, one of which authorizes the Archivist to issue regulations to implement the law (§2206), another that deals with vice presidential records (§2207), another that deals with claims of privilege against disclosure (§2208), and the last statute (§2209) requires disclosure when nonofficial messaging accounts are used.
I guess Trump believes that if he can convince his supporters, who take everything he says as gospel and won’t check his claims, that’s all he needs. Although I remain skeptical that Trump will be convicted of anything, I hope the court laughs the Presidential Records Act claims out of the room.